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Minutes - 02/22/2005 - Board of TrusteesMINUTES OF THE FEBRUARY 22, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 16, 2005. 1. CALL TO ORDER: The Regular Meeting of the Village Board of Trustees was called to order by President Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:31 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT: None. IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Michael J. Meranda, Director of Public Works; Harlan Spiroff, Village Attorney; Police Lt. Steven Larson, John Baar, Chairman of Fire and Police Commissioners; Fire Battalion Chief Robert Morton, Police Sgt. Marc DeLise, Police Sgt. Randy Mucha, Police Sgt. Robert Birdsall, Detective Tom Russell, Police Officers Casey Calvello and William Tobias. 3. PRESIDENT'S OPENING COMMENTS: President Quinlan announced that Finance Director Langlois has received a Certificate of Achievement for Excellence in Financial Reporting for the Village of Oak Brook's comprehensive annual financial report (CAFR) from the Government Finance Officers Association. Director Langlois also announced that an Award of Financial Reporting Achievement was awarded to him by this organization as primarily responsible for preparing the award - winning CAFR. Swearing -In Ceremony President Quinlan announced that many public officials were attending this evening's meeting for the swearing -in ceremony of William Tobias as a police officer for the Village of Oak Brook. Chairman John Baar, Board of Fire and Police Commissioners, commented of Officer Tobias' accomplishments as a new, police officer and read the appointment order from the Commissioners. Village Clerk Gonnella then gave the official oath of office to Officer Tobias. Police Lt. Larson commended Officer Tobias for his appointment and work ethics during his training. Officer Tobias thanked the Village VILLAGE OF OAK BROOK Minutes Page 1 of 20 FEBRUARY 22, 2005 3. Board and gave a special thank you to Lt. Larson and Sgt. Mucha for their efforts in running the Department and the officers of the 3 -11 shift. 4. RESIDENTNISITOR COMMENT: David Saxman, Oak Brook Civic Association President, addressed the Village Board and audience inviting residents to attend the March 4th candidates night for the April 5, 2005 Consolidated Election. Candidates for the three Village Trustee positions and Park District positions will be speaking at 7:00 p.m. in the Samuel Dean Board Room. 5. APPROVAL OF MINUTES: A. SPECIAL JOINT MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, OAK BROOK PARK DISTRICT BOARD OF COMMISSIONERS AND THE OAK BROOK HISTORICAL SOCIETY OF FEBRUARY 7, 2005 Motion by Trustee Aktipis, seconded by Trustee Craig, to approve the Minutes of the Special Joint Meeting of the President and Board of Trustees of the Village of Oak Brook, Oak Brook Park District Board of Commissioners and the Oak Brook Historical Society of February 7, 2005. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 8, 2005 Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Minutes of the Regular Board of Trustees Meeting of February 8, 2005. VOICE VOTE: Motion carried. C. SPECIAL BOARD OF TRUSTEES MEETING OF FEBRUARY 15, 2005 Motion by Trustee Aktipis, seconded by Trustee Zannis, to approve the verbatim transcription of the Special Board of Trustees Meeting of February 15, 2005. VOICE VOTE: Motion carried. 6. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Yusuf, seconded by Trustee Caleel, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 2 of 20 FEBRUARY 22, 2005 :'! 7. 8. A. Accounts Payable for Period Ending February 18, 2005 - $441,120.61 Significant Items included in Above: 1) DuPage Water Commission - $152,832.36 2) Kubiesa, Spiroff, Gosselar and Acker, P.C. — Legal Fees — $15,067.50 B. Approval of Payroll for Pay Period Ending February 12, 2005 - $570,276.29 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Professional Service Contract — Water Rate Study 2) Consulting Services for Stormwater Permits E. Authorization to Hire, Promote or Reassign Duties of Village Employees F. Budget Adjustments G. Ratification of Well No. 5 Equipment Door Replacement H. Resolution Approving a Settlement Agreement in the Primeco Class Action Litigation.. 1. A Resolution Establishing an Ad Hoc Committee for the Purpose of Planning and Coordinating the 2005 Oak Brook Autumn Festival J. York /Harger Road Bicycle/Pedestrian Path ISTHA Permit K. Grant of Sidewalk Easement and Termination of Existing Easement — McDonald's Spring Road Development L. A Resolution Approving JSP's Assessment Plat — 3414 Adams Road M. An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property by the Village of Oak Brook N. Place on File TIF Redevelopment Plan and Project Report O. Treasurer's Report — January, 2005 ITEMS REMOVED FROM CONSENT AGENDA - None. BOARD & COMMISSION RECOMMENDATIONS: A. 814 COMMERCE LLC — VARIATION TO SECTION 13- 12 -31-1.2, CHAPTER 12 OFFICE STREET PARKING AND LOADING CONTINUED FROM FEBRUARY 8, 2005 Village Trustee Korin requested additional information relative to the proposed variation at 814 Commerce to permit additional parking in the required front yard setback. 1. The Village's parking requirement for office use is 3.3 parking spaces per 1000 sq.ft. of gross floor area (GFA). GFA is defined as the gross floor area of the entire building and includes storage areas, atriums and all other non - leaseable spaces. 2. The building at 814 Commerce contains approximately 175,500 sq.ft. (GFA) and has parking for 522 cars which equates to an existing parking ratio of 2.974. Based on the Village's current parking ratio of 3.3 for office use, 814 Commerce VILLAGE OF OAK BROOK Minutes Page 3 of 20 FEBRUARY 22, 2005 E:� 2. should have at least 579 parking spaces available for its tenants. 3. If the applicant was allowed to add one row of new parking with about 45 spaces, the number of parking spaces would increase to 567 and result in parking ratio of 3.23 which is still less than the Village's minimum standard. 4. If the applicant added two rows of new parking in the front yard, it would add 96 new spaces and bring the total number of parking spaces on -site to 618, and yield a parking ratio 3.521. 5. With respect to market demands, a perspective based on new office development that has occurred in Oak Brook over the past five plus years. As example, John Buck Company has a number of properties in Oak Brook including the five -story office building at 2001 York which is about four years old. That particular building is approximately 200,000 sq.ft. and provides a parking ratio of approx. 5.0. A representative of the John Buck Company stated that their company desires this parking in order for them to be able to accommodate a widest variety of potential tenants. Oak Brook's other new office building is the Hines building located at 700 Commerce Drive. This building was constructed approximately 5 years ago and contains approximately 217,000 sq.ft. of space. This building has 1065 parking spaces or a ratio of 4.91. Larry Debb, petitioner for the proposed variation, addressed the Village Board of his request in bringing their building up to Village Code. He asked the Board for approval to add 96 parking spaces in front of the building as the back of the building faces Steeplechase subdivision. He has proposed to add a berm along the entire front of the building to screen the parking area. Resident William Lindeman spoke of his concern that there are other properties located on Commerce and throughout the Village that may have a similar situation in the future. He would prefer that a survey be conducted of how many other properties in the Village are in the same situation as 814 Commerce. He suggested that more time be given to the overall impact of this variation as this would be the third front yard parking variation granted. He asked to consider two rows of only half of the property which would eliminate a portion of the berm that may not be aesthetically pleasing. Bruce San Filippo, resident of Steeplechase subdivision, read into the record a letter from Steeplechase Community Association President Zimmerman who was not able to attend the meeting. "The Steeplechase Community is located just north of Harger Road facing a number of parking lots and expansive parking garages built behind the commercial properties on Commerce Drive and bordering Harger Road including the 814 Commerce building. The backyard of the commercial properties is best described as a field of asphalt and concrete with a scattering of trees and grass. The addition of one or two more stories on the existing parking garage on the 814 Commerce Drive property is aesthetically the last we need for VILLAGE OF OAK BROOK Minutes Page 4 of 20 FEBRUARY 223 2005 our community. It is my observation that our small community has been for the most part ignored by this Board in your discussion two weeks ago. The many expansive parking lots and garages facing Harger Road are for the most part underutilized and some are even empty. The alternative briefly discussed at your last meeting of expanding the existing parking garage behind 814 Commerce Drive does not seem to be a logical solution. The property in front of the 814 Commerce Building is surrounded by other commercial properties on a dead end street and is not visible to residential properties. It is better suited for parking than is the expansion of the concrete bunker behind the property. Two questions for the Board: Has the Board polled commercial property owners to see if they object to the proposed 814 Commerce parking? Have the Board members driven down Harger Road lately to see the expanse of asphalt and concrete that has replaced the once very scenic drive down Harger Road to the Oakbrook Shopping Center. Remember the winding road, the trees and the Boy Scout Headquarters? Steeplechase has seen one large project developed along Harger Road after another with little or no regard of its impact on their community. There are immense air conditioning towers on some of these properties that during the summer months exceed acceptable noise levels on a 24/7 basis. They require that our backyard conversation be held at high decibel yelling level. All matter of refuse routinely blows onto their property when a south wind is blowing as the dumpsters on these properties lack sufficient enclosures to prevent this. , Residents of Steeplechase routinely pick up corporate correspondence as well as packing material, plastic bags, cardboard, etc. from these properties that blow into their yards. Oak Brook presents itself as an upscale community that should including Steeplechase. Unfortunately, the concerns of their community have not been recognized. We want this lack of recognition to stop. They would ask the Board to consider some beautifying improvements along south Harger Road to hide the large empty parking lots and restore some of the beauty that once was present on the winding roadway through Oak Brook. Perhaps a twenty to thirty foot tree -lined berm along the street may serve to hide this eyesore. Steeplechase is a community of twenty -two homes that receives no Village services except garbage removal, fire and police service. The subdivision makes no great demands on the Village as they own their own streets, storm sewers, common area lighting, street signs and they pay for their snow plowing and street maintenance. They do not appreciate the on -going degradation of the Harger Road area to please only the commercial interests at their expense. All of our residents recognize that the commercial properties are an important part of Oak Brook but they would hope that the Board will also represent Steeplechase in making a decision. In conclusion, they asked to please authorize a two lane parking proposal for 98 VILLAGE OF OAK BROOK Minutes Page 5 of 20 FEBRUARY 22, 2005 • • spaces as approved by the Zoning Board of Appeals to be constructed in the front yard property of 814 Commerce Drive building. As an advance warning, Steeplechase will do all that they can to oppose an expansion of the parking garage facing Harger Road. Trustee Aktipis stated his concern of the appearance on Harger Road as it is difficult to accept the situation given the history of the road years ago. In this respect, he would support an inclusion in the motion for any kind of relief that would give the applicant a requirement that the berm be constructed in the back of the parking lot as well. So that the Village can begin a program by which every time the Board grants relief to an applicant, it would require some attention be put in improving the issue of separation of parking lots from the road and from the community. Trustee Aktipis asked in terms of support of two lane parking is it more of a concern of adding additional parking in back. He then asked if there were no additional parking in the rear of the building, would Steeplechase have any objection to approve only one row of parking in the front. Mr. San Filippo stated they would have no objection. Trustee Craig empathized with the homeowner subdivision as he owned a lot in that subdivision and supports their request. Trustee Zannis stated if the Board granted the 94 parking spaces, it would increase the ratio to 3.521. She asked Community Development Director Robert Kallien how many spaces are necessary to meet the 3.3 requirements. Mr. Debb stated 50 spaces would be needed. Trustee Zannis indicated that she would be supportive of 50 parking spaces configured in one row. Mr. Debb explained that 50 spaces are not feasible in that space. Mr. Debb suggested that he would be willing to improve the landscaping in the rear of the building and he has spoken with staff of that suggestion to block as much as possible the site lines that currently exist. Trustee Zannis offered that the back berm is a necessity with her suggestion of one row of parking. Mr. Debb clarified that his attorney has indicated that 65 additional parking spaces are needed to meet Village Code. Trustee Aktipis stated he has some issues with the proposal as the Village does not require the applicant to meet Village Code since it is a pre- existing building that has been grandfathered. When Mr. Debb came to the Village staff, they were willing to work with him to increase the parking in the area to make the building more competitive to the marketplace. Trustee Aktipis suggested it is an unreasonable expectation that an old building constructed in different circumstances be expected to have the same parking that new building are designed to have in the area. The staff and the Village Board encourages VILLAGE OF OAK BROOK Minutes Page 6 of 20 FEBRUARY 22, 2005 8. A. redevelopment so that one may build a building that meets market conditions, in terms of parking, but in terms of an updated building that would meet market demand in a meaningful way. He indicated that an old building cannot be made exactly like a new building without paying for it. Mr. Debb remarked that staff is aware that he plans on putting millions of dollars into the building to improve it, not to Village Code, but to his standards, the HVAC system and not just focused on the parking issue. They are renovating the front entrances to the building, exterior and landscaping. Trustee Yusuf commented that with the berm in front of the building it is not a concern of his because a person would not be able to view the parking area. He asked that the bushes be removed and place a planting barrier of evergreens along the area in the back of the building. The Board has clearly heard from the residents of Steeplechase that they don't want the parking deck to go higher in the same foot print. Director Kallien indicated that the applicant has stated that the deck structurally would need to be replaced. The berm would look good as an enhancement and the parking spaces would be hidden as he wants the applicant to be competitive in the marketplace. President Quinlan asked if the applicant's construction plans on the building is being held up due to whether the parking is expanded to one or two rows. Mr. Debb indicated that he would not be able to spend the money on the building in the manner he has planned without being able to fully lease out the building. Most of the plans are mechanical work. The 96 additional spaces would be for employees and visitors. Trustee Zannis indicated there is a high density of cars located on the McDonald's property and she does not want to see it continue into Commerce. Mr. Debb stated he believes the berm would provide color in ground cover, flowers and trees. Trustee Zannis asked if the applicant has considered resizing their parking spaces as there have been instances where that has occurred. Director Kallien stated they are as small as possible. Director Kallien offered that to bring their building up to the 3.3 requirements would require 57 parking spaces. Trustee Aktipis stated that if two rows of parking spaces are suggested that there is some potential of this motion to be defeated and he would not want to see this happen. The applicant could not return to the Board for one year and he asked the applicant to come back in a few minutes after another Agenda Item to see if the applicant wished to modify his request for one row of parking. President Quinlan asked for a consensus of the Board of Trustees: Trustee Yusuf, VILLAGE OF OAK BROOK Minutes Page 7 of 20 FEBRUARY 22, 2005 8. A. Caleel and Aktipis stated they were in favor of the recommendation from the advisory board. Motion by Trustee Yusuf, seconded by Trustee Caleel, to concur with the recommendations of the Zoning Board of Appeals and approve the requested variation to Section 13- 12 -31-1.2 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the March 8, 2005 Board of Trustees meeting conditioned upon the increase of height with a berm in front of the building and a berm with plantings in the back of the building. Community Director Kallien asked the Board to consider two other items. There maybe an opportunity to provide some vegetation on the west side of the property which is void of vegetation and also to address some of the concerns of the residents of Steeplechase. There is a dumpster area that could be better screened so that the impact of the service vehicles is minimized. Trustee Yusuf withdrew his motion. Motion by Trustee Yusuf, seconded by Trustee Caleel, to concur with the recommendations of the Zoning Board of Appeals and approve the requested variation to Section 13- 12 -31-1.2 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the March 8, 2005 Board of Trustees meeting and to include an increase of height of the front berm, a berm located in the rear of the property with plantings, provide vegetation along the west side of the property and to properly screen the dumpster area. VOICE VOTE: Motion carried. B. RASKIN /SOSANI — 42 YORKSHIRE WOODS — VARIATION TO SECTION 13- 6C-3F.1 FRONT YARD SETBACK AND SECTION 13- 6C -3F.3 REAR YARD SETBACK At its meeting on February 1, 2005, the Zoning Board of Appeals reviewed a petition from Anya Raskin and Joe Sosani seeking approval of a variation to Section 13 -6A- 3F.3 to permit a rear yard setback of sixty feet instead of the required 100 feet for the property located at 3404 Adams Road. The applicant is proposing to construct an addition to the existing single - family home which would encroach into the required rear yard. Even though the lot is approximately one -half the size required in the R -1 District, the existing home appears to conform to all required setbacks. The proposed variation request is somewhat unusual in that the applicant is seeking a variation to reduce the 100 foot rear yard setback to 60 feet for the entire parcel. Accordingly, with the requested variation, the applicant could construct further additions to the home without the benefit of an additional variation. VILLAGE OF OAK BROOK Minutes Page 8 of 20 FEBRUARY 22, 2005 • The Zoning Board of Appeals requested that the applicant to limit their request to the proposed building footprint submitted. The applicant agreed to modify the request to the footprint of the proposed addition. Recommendation: By a vote of 4 to 0, the Zoning Board of Appeals found that the petitioner met the required standards to recommend approval of the variation request as modified and agreed to by the petitioner, subject to the following conditions: 1. The variation request is limited to allow an approximate 60 -foot encroachment in the rear yard setback in order to build the addition in the footprint as proposed. 2. The addition is to be built in substantial conformance with the Proposed Site Plan as submitted on page H, Sheet S -1, prepared by Erik Johnson & Associates dated November 4, 2004. Motion by Trustee Aktipis, seconded by Trustee Caleel, concur with the recommendation of the Zoning Board of Appeals and approve the requested variation to Section 13- 6C -3F.1 and Section 13- 6C -3F.3 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the March 8, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS 1) AUTUMN FESTIVAL COMMITTEE As recommended by the 2004 Autumn Festival Committee at the February 8, 2005 Village Board meeting, seven residents, with one member being an elected official acting as the Chairman, have indicated their wish to serve on the 2005 Autumn Festival Committee. It is recommended that the following appointments be made to the 2005 Autumn Festival Committee: 1. Linda Gonnella - Chairman 2. Joyce Antoniolli 3. Nuha Dabbouseh 4. Carolyn Link 5. Nelly Naguib 6. Barbara Nasharr 7. Connie Craig Motion by Trustee Caleel, seconded by Trustee Aktipis, to concur with the VILLAGE OF OAK BROOK Minutes Page 9 of 20 FEBRUARY 22, 2005 9. A. 1) appointments of Linda Gonnella as Chairman, Joyce Antoniolli, Nuha Dabbouseh, Carolyn Link, Nelly Naguib, Barbara Nasharr and Connie Craig to the 2005 Autumn Festival Committee. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE DIRECTING THE VILLAGE CLERK TO CAUSE TRANSCRIPTS TO BE PREPARED Per a motion made by Trustee Aktipis at the February 15, 2005 Special Board Meeting, the Village Attorney has been directed to draft an ordinance requiring that the Village Clerk arrange for a certified court reporter to prepare transcriptions of all audio tapes of the April 13 and May 25, 2004 Closed Sessions and provide them to the Board of Trustees within two (2) weeks of passage and approval of this ordinance. Trustee Atkipis asked Attorney Spiroff why Section 2 was added to the ordinance. Attorney Spiroff stated Section 2 is normally considered boiler plate and merely provides that if there is any existing conflicting provisions of the Village Code that it would be repealed to the extent of the conflict. Trustee Aktipis stated that Attorney Kubiesa at the last Village Board meeting raised the issue of privilege and he assumes that he must have concluded that there might be an issue of confidentiality that would be attached in the terms of the preparation of those meeting transcripts since they are privileged. There is nothing regarding the confidentiality in this ordinance as written and he would have expected Attorney Kubiesa to do something minimal in this ordinance to protect the Village and the Trustees on the issue of confidentiality. In an absence of such a provision in this ordinance, he suggested that a small addition be made to protect the Village and the Board of Trustees by modifying or amending the last sentence of Section 1 which reads: "The transcripts shall be provided to the Board of Trustees within two weeks of passage and approval of this Ordinance" to now read "The transcriptions shall be provided to the Village Clerk for reviewing by the Board of Trustees within two weeks of passage and approval of this Ordinance." This would protect the confidentiality of this and would not make this ordinance inappropriate. Motion by Trustee Aktipis, seconded by Trustee Yusuf to amend the Ordinance under Section I. last sentence to read: "The transcriptions shall be provided to the Village Clerk for reviewing by the Board of Trustees within two weeks of passage and approval of this Ordinance." President Quinlan called for discussion as he indicated that Village Clerk Gonnella VILLAGE OF OAK BROOK Minutes Page 10 of 20 FEBRUARY 22, 2005 9. B. 1) wished to comment upon this request. Clerk Gonnella indicated that she contacted Stewart Diamond's office from Ancel, Glink & Diamond who is the attorney who represents 900 Municipal Clerks of Municipal Clerks of Illinois requesting a legal opinion regarding this issue. She read the following opinion: "When the Illinois General Assembly passed a law requiring the audio taping of closed sessions, the legislator's expressly indicated that such audio tapes were not intended for use in civil litigation other than litigation to determine whether the public entity had engaged in a violation of the Open Meetings Act in closed session. Further, the proposed ordinance does appear to be overly -broad if the Village Board's actual intent is merely to review discussions about one issue in litigation that was discussed in the closed sessions. We would recommend that they amend their ordinance to request you to provide verbatim minutes of the closed sessions only limited to those discussions related to the one litigation matter currently at issue. First, the characterization of those discussions, once transcribed, as minutes, would give the Village Board access to them in draft form, while still giving the Village Board the ability to treat them as confidential and find that there is an ongoing need to treat them as confidential information. This would prevent any claim by the public that the audio tapes, once transcribed, somehow constitute a "public record" which would be disclosable under the Freedom of Information Act. This would also alleviate your concern that the other topics the Board discussed in closed session remain confidential and are treated in the same fashion as the Village Board has always treated those matters when they have been discussed in closed session in the past. Likewise, it would give the Village Board the ability to determine that a need for confidentiality no longer exists related to that portion of the discussion and to release that portion of the minutes to the public, if the Board deems such action appropriate. Having said that, we believe that the mere transcription of the meeting would not necessarily cause that document to be reachable under the Freedom of Information Act." Trustee Aktipis stated there is no problem with this since the Board is requesting that transcripts be made available and are kept by the Village Clerk to be provided for the Trustees as requested. Clerk Gonnella asked to clarify this because Trustee Aktipis had requested the transcription of one entire meeting and she was only going to transcribe the specific matter requested as there were three issues on one of the tapes. Motion by Trustee Aktipis, seconded by Trustee Zannis, to amend Section 1, last sentence of the Ordinance "to request the Village Clerk to provide verbatim minutes of the closed sessions only limited to those discussions related to the one litigation matter currently at issue and that the transcriptions shall be provided to VILLAGE OF OAK BROOK Minutes Page 11 of 20 FEBRUARY 22, 2005 9. B. 1) the Village Clerk for reviewing by the Board of Trustees within two weeks of passage and approval this Ordinance." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS - None. D. INVESTIGATIVE SERVICES At the Special Board of Trustees Meeting of February 15, 2005 Trustee Zannis presented a motion that the Village Board direct the Village Attorney to Prepare an Ordinance to Engage an Investigator which will be determined by the Board of Trustees to help determine and evaluate the facts and the circumstances pertaining to the duties and obligations of the Village Attorney relating to his or her responsibilities and performance of those duties and responsibilities as well as the professional and ethical responsibilities of the Village Attorney to the Village of Oak Brook. A motion by Trustee Caleel was passed to table this topic to the next meeting. Trustee Zannis stated that this was a follow -up to what she has tried to move along for the past several meetings. As an overview, the Village is a defendant in two lawsuits and the Board of Trustees has participated in several communications which are sensitive to these lawsuits and other business within the Village. She stated the Village Attorney has, without authority from the Board of Trustees, filed documents that appear to burden and complicate his continued service with the Village in these lawsuits and other business of the Village under the Board of Trustees opinion. The Board of Trustees should determine that it must conduct an investigation of these circumstances of the Village's efforts to settle the DuPage Housing Authority litigation, consideration of the provision of the water to a property in an unincorporated area between Oak Brook and the City of Elmhurst and the circumstances of the Village's position in the Elmhurst Builders litigation. The ordinance should include at least those terms mentioned in her motion and hope that everyone will agree it is necessary to accomplish this to protect the Village in light of several matters that continue to complicate items. She believes that the Board of Trustees should determine its wishes to exercise its authority to employ an outside professional who has technical training and knowledge in the area of investigating, determining, evaluating facts and circumstances pertaining to the duties and obligation of an attorney on the perspective of relating to his or her duties and responsibilities. The performance of those duties, responsibilities and the professional, ethical responsibilities of an attorney. She is asking for another opinion. She believes that this investigation is necessary considering the events surrounding the DuPage Housing Authority litigation and the Elmhurst Builders litigation, the conduct VILLAGE OF OAK BROOK Minutes Page 12 of 20 FEBRUARY 22, 2005 of the Village Attorney and the resulting position of the Village in there relation thereto. She believes there is merit in this investigation and this investigation is intended to serve the best interest of the Village and she does not believe it can be undertaken by the Village Attorney or anyone else in his law firm. Therefore, Trustee Zannis made the following motion: Motion by Trustee Zannis, seconded by Trustee Aktipis, that this Village Board direct the Village Attorney to prepare an ordinance in which the Village Board will engage an investigator to investigate, determine and evaluate the matters as outline: 1. The execution of a written agreement that provides the investigator full access to information and still preserves the attorney /client and or work product client privilege to the fullest extent possible. 2. That the ordinance should be in the form that recites its compliance with the Illinois Municipal Code section determined by the Village Attorney to be the applicable section. 3. That the investigation will address the activities of the Village Attorney and the lawyers in the law office of the Village Attorney to report facts indicating whether or not there was failure by the Village Attorney to proceed as directed by the Board of the Trustees; indicating whether or not there was failure by the Village Attorney to properly advise the Village and its Board of Trustees; whether there was failure on the Village Attorney to meet the Village Code; whether there was a failure of the Village Attorney or his firm to satisfy his or its obligations to any one or more of the Rules of Professional Conduct; whether there was a failure of the Village Attorney to the Village's verified answer and affirmative defenses in the Elmhurst Builders litigation; whether there was a failure of the Village Attorney or his firm to otherwise meet applicable, professional standards of care in his or her service to this Village. 4. It should not provide for the appointment of any attorney to provide legal advice to the Village or to perform any duties of the Village Attorney as stated in our Village Code ordinances in the Illinois Municipal Code or any rulings of common law. In order to be certain that this is accomplished, the ordinance shall recite that it is repealing any implied or actual duty of this type of an investigation reposed by the Village Attorney. 5. The ordinance shall provide for confidentiality of the information shared so that it is only shared among the Board of Trustees and not with the Village Attorney or anyone in his firm. 6. That the ordinance should also provide for the terms of an agreement not -to- exceed the term of the President or even though it may exceed one year or any such other terms as appropriate from a legal standpoint. 7. Finally, that the Village Attorney should be instructed to review the recordings of these proceedings so that he is able to comply with all the provisions of this motion and present an appropriate ordinance for consideration to the Board VILLAGE OF OAK BROOK Minutes Page 13 of 20 FEBRUARY 22, 2005 • 1 7. February 28, 2005. President Quinlan stated that this agenda item needs to be removed from the table before any action can be taken. Motion by Trustee Zannis, seconded by Trustee Caleel, to remove from the table the request to direct the Village Attorney to Prepare an Ordinance to Engage an Investigator. VOICE VOTE: Motion carried. Trustee Aktipis stated that this and any other motions presented by the Trustees are oral motions and, therefore, you have to transcribe them accurately since all previous ordinances regarding this matter have been withdrawn. Motion by Trustee Zannis, seconded by Trustee Aktipis, stated that this Village Board direct the Village Attorney to prepare an ordinance in which the Village Board will engage an investigator to investigate, determine and evaluate the matters as outline: 1. The execution of a written agreement that provides the investigator full access to information and still preserves the attorney /client and or work product client privilege to the fullest extent possible. 2. That the ordinance should be in the form that recites its compliance with the Illinois Municipal Code section determined by the Village Attorney to be the applicable section. 3. That the investigation will address the activities of the Village Attorney and the lawyers in the law office of the Village Attorney to report facts indicating whether or not there was failure by the Village Attorney to proceed as directed by the Board of the Trustees; indicating whether or not there was failure by the Village Attorney to properly advise the Village and its Board of Trustees; whether there was failure on the Village Attorney to meet the Village Code; whether there was a failure of the Village Attorney or his firm to satisfy his or its obligations to any one or more of the Rules of Professional Conduct; whether there was a failure of the Village Attorney to the Village's verified answer and affirmative defenses in the Elmhurst Builders litigation; whether there was a failure of the Village Attorney or his firm to otherwise meet applicable, professional standards of care in his or her service to this Village. 4. It should not provide for the appointment of any attorney to'provide legal advice to the Village or to perform any duties of the Village Attorney as stated in our Village Code ordinances in the Illinois Municipal Code or any rulings of common law. In order to be certain that this is accomplished, the ordinance shall recite that it is repealing any implied or actual duty of this type of an investigation reposed by the Village Attorney. 5. The ordinance shall provide for confidentiality of the information shared so that it is only shared among the Board of Trustees and not with the Village Attorney or VILLAGE OF OAK BROOK Minutes Page 14 of 20 FEBRUARY 22, 2005 9. D. 5. anyone in his firm. 6. That the ordinance should also provide for the terms of an agreement not -to- exceed the term of the President or even though it may exceed one year or any such other terms as appropriate from a legal standpoint. 7. Finally, that the Village Attorney should be instructed to review the recordings of these proceedings so that he is able to comply with all the provisions of this motion and present an appropriate ordinance for consideration to the Board February 28th, 2005. VOICE VOTE: Ayes: Trustee Aktipis, Caleel, Korin, Yusuf and Zannis. Nay: Trustee Craig. Motion carried. Trustee Craig asked how much this would cost. President Quinlan stated the cost would be for the drafting of the ordinance by the Attorney of a few hundred dollars. E. DISCUSSION OF INDEMNIFICATION OF EMPLOYEES, OFFICERS AND COMMISSION /COMMITTEE MEMBERS At the Regular Board of Trustees Meeting of February 8, 2005 Trustee Korin asked for discussion of this topic after a written opinion was provided by Attorney Kubiesa. On February 11 Attorney Kubiesa provided an opinion to Trustee Korin. Trustee Korin asked that Agenda Item 9. E. and 9. F. be moved to the next Board meeting. She requested that the Village Clerk include in the Village Board's next agenda the discussion of indemnification of employees, officers and commission/committee members and a motion to direct the Village Attorney to create an ordinance. She also requested that there is a specific Illinois State Statute that she had given previously to Attorney Kubiesa where it outlines coverage for indemnification of ad hoc committee members to be included in the packet. In regards to the Ad Hoc Committee Report, Trustee Korin asked that the next agenda include a motion to adopt the Ad Hoc Audit Committee Report. F. AD HOC COMMITTEE REPORT — moved to the next Village Board meeting per Trustee Korin. 10. NEW BUSINESS: A. CONFIRMATION OF APPOINTMENTS B. ORDINANCES & RESOLUTIONS 1) A RESOLUTION ADOPTING THE 2005 LEGISLATIVE POSITIONS OF THE DUPAGE MAYORS AND MANAGERS CONFERENCE VILLAGE OF OAK BROOK Minutes Page 15 of 20 FEBRUARY 22, 2005 10. B. 1) the Village has in the past adopted the legislative positions of the DuPage Mayors and Managers Conference and the Illinois Municipal League (as expressed in their respective legislative programs and in other legislative positions taken in the course of the legislative session) as Village policy through adoption of formal resolutions to that effect. The motivation for this step was to provide guidance and clarity in those instances when professional municipal employee associations, (e.g., fire chiefs, police chiefs, public works) to which our Department Directors belong, adopt positions on legislation that are contrary to the positions taken by the municipal associations (e.g., DMMC and IML) to which their employer belongs. Although not a frequent occurrence, these situations do arise from time to time. Additionally, by adopting these positions, our area Legislators has knowledge as to where Oak Brook stands on these matters. In order to provide appropriate guidance to our Legislators and Village staff, I encourage the Board to adopt the legislative positions expressed by the DuPage Mayors and Managers Conference in its 2005 Legislative Action Program (LAP) and during the session. Motion by Trustee Zannis, seconded by Trustee Caleel, for passage of Resolution 2005 - DUMM -LP -R -894, "A Resolution Adopting the 2005 Legislative Positions of the DuPage Mayors and Managers Conference." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) ORDINANCE 2005- LC -AL -G -775, "AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES" The Drake Oak Brook, LLC d /b /a the Wyndham Drake Hotel has made application to the Village of Oak Brook for a Class E liquor license for the hotel establishment located at 2301 S. York Road. Documentation requirements have been fulfilled. A new General Manager Michael Yaneck is in the process of being fingerprinted and will attend the BASSET seminar being held in February by the Village. The applicant has requested that this application be brought before the Village Board for consideration at the Village Board's regular meeting of February 22, 2005, for an anticipated takeover date of March 1, 2005. The hotel facilities will remain exactly as they were previously licensed. A representative of the VILLAGE OF OAK BROOK Minutes Page 16 of 20 FEBRUARY 22, 2005 10. B. 2) establishment will be in attendance of the meeting. Enclosed for the Village Board's review is the following documentation: a. Application for a Liquor License b. Floor Plan c. Certificate of Insurance d. Menu Motion by Trustee Caleel, seconded by Trustee Yusuf, for passage of Ordinance 2005- LC -AL -G -775, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses ". ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. 3) AN ORDINANCE REQUIRING VENDORS TO THE VILLAGE OF OAK BROOK TO SUBMIT THEIR INVOICES FOR PAYMENT WITHIN (60� DAYS OF SERVICES RENDERED Per a request by Trustee Zannis, the Village Attorney has been directed to draft an ordinance requiring that vendors to the Village submit their invoices for payment within sixty (60) days of services rendered However, bear in mind that due to constitutional limitation on impairment of contracts, this ordinance will only apply to vendors under new contracts with the Village. Existing contracts, unless they already have such a provision, cannot be changed by the Village with an ordinance. Trustee Zannis suggested this request was in an effort to keep items up -to -date and vendors timely in their billing process this ordinance has been drafted. Motion by Trustee Zannis, seconded by Trustee Korin, for Passage of An Ordinance Requiring Vendors to the Village of Oak Brook to Submit their Invoices for Payment Within (60) Days of Services Rendered. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS D. AUTHORIZATION TO PURCHASE 1) MAINTENANCE AGREEMENT FOR SAVIN COPIER FOR THE POLICE VILLAGE OF OAK BROOK Minutes Page 17 of 20 FEBRUARY 22, 2005 10. D. 1) DEPARTMENT This agreement is for maintenance on a 9965DP Savin copier in the Records Department of the Police Department in the amount of $5,622.00. This agreement is valid for one year and includes 435,000 copies and supplies. Motion by Trustee Yusuf, seconded by Trustee Caleel, to approve a maintenance contract on a 9965DP Savin copier in the Records Department of the Police Department in the amount of $5,622.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 10. E. WEB SITE MEETING NOTICE INFORMATION At the February 8, 2005 regular Board of Trustees meeting under Resident/Visitor Comment a statement was made that the Village website, while good, was lacking in allowing visitors to easily navigate through it to find information about Village meetings especially Special Meetings. The Village staff would detail the ease of using the Village website as well as note some of the recent improvements to assist the Village's site visitors to more easily find information about meetings. Manager Boehm explained that following the February 8th Board meeting, staff reviewed the Village's website relative to meetings and election information and was able to change the format to make it more user friendly to find information. Director of Information Services Bruce Kapff gave a demonstration of how to proceed through the Village's website for information. Trustee Zannis asked that there be a stronger presence of the Sports Core and Bath & Tennis Club. Manager Boehm explained that it is included when the activities are being scheduled. Trustee Aktipis stated that the Village President had made a previous announcement that the Village is operating under Roberts Rules of Order and he asked in those instances when Trustees are unable to attend meetings and they need to vote by telephone, that they have that opportunity. In order to do that, it is necessary to consider a motion that suspends the Roberts Rules of Order temporarily to allow the Trustees to participate in the meetings by telephone. President Quinlan understood his comments but suggested that there is a different way to address this and he suggested to direct the Village Attorney to change the Village Code to allow for that to take place and have it placed on the next Village Board meeting agenda. VILLAGE OF OAK BROOK Minutes Page 18 of 20 FEBRUARY 225 2005 10. E. Attorney Spiroff explained that it is not uncommon for communities to adopt rules regarding electronic meetings or attendance via electronic means. There are certain requirements to include that provide as much notice as possible. These can be adopted as an amendment to the Roberts Rules of Order. Motion by Trustee Aktipis, seconded by Trustee Caleel, to direct the Village Attorney to present the Board of Trustees with an ordinance that allows for voting of Village Trustees that are not present in the meeting by February 28, 2005 and until such time as the Board has a motion, a temporary suspension of the Roberts Rules of Orders to allow a Trustees participation by telephone would be permitted for adoption at the next Board meeting whenever that would be. VOICE VOTE: Motion carried. 11. INFORMATION & UPDATES: A. VILLAGE PRESIDENT — President Quinlan reminded the residents of the April 5, 2005 Consolidated Election to vote and if they are not present to please contact the Village Clerk for an absentee ballot application. Remember the candidates night scheduled for March 41h to know the candidates running for office. B. VILLAGE MANAGER - No report was given. Trustee Caleel asked Manager Boehm to address the issue of the Village's memorandum to the Hinsdale Sanitary District regarding the summer water issue and their response. Manager Boehm explained that he has not received a response yet but the District is working on an agreement with the Village on how this issue will be addressed. It is planned that their Board will adopt an agreement at their May meeting. Trustee Caleel then asked President Quinlan of any progress on the Police Chief nomination. President Quinlan announced that he will be meeting with the last individual this week and that he will have that name surface to the Board of Trustees, including information on the individual and to interview the person. C. VILLAGE CLERK - Clerk Gonnella addressed Trustee Aktipis' motion regarding telephone voting. She stated there are two bills in Springfield addressing this issue and she will keep the Board informed of their rrocess through the legislature. She announced that absentee voting begins on March 14t from 8:30 a.m. to 4:30 p.m. Monday through Friday, Saturday 9:00 a.m. to 12:00 p.m. Please contact her directly at 990 -5758 regarding the holiday as the Village will be open only a half day on the holiday weekend and that Saturday it will be closed. Trustee Yusuf informed the Board of receiving an e -mail from a resident commending the Police Department's midnight shift for assisting the individual who had a flat tire and changed it for him. He again commended the police officers for going above and beyond their duty during a cold snowy night. He thanked Police Lt. Steve Larson under his VILLAGE OF OAK BROOK Minutes Page 19 of 20 FEBRUARY 22, 2005 11. C. direction that good things like this are happening. 12. ADJOURN TO CLOSED MEETING for the purpose of collective negotiating matters between the public body and its employees or their representatives. Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn to Closed Meeting to at 9:02 p.m. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - Motion carried. 13. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the Regular Meeting of the Board of Trustees at 9:57 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 20 of 20 FEBRUARY 22, 2005